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HomeMy WebLinkAbout20190232 Ver 1_CAMA Application_20190220ROY COOPER Governor MICHAEL S. REGAN Secretary BRAXTON C. DAVIS Director February 20, 2019 NORTH CAROLINA Environmental Quality FROM: Gregg Bodnar, Assistant Major Permits Coordinator NCDEQ - Division of Coastal Management 400 Commerce Ave., Morehead City, NC 28557 Fax: 252-247-3330 (Courier 04-16-33) greoa.bodnarnancdenrgov SUBJECT: CAMA/Dredge & Fill Application Review Applicant: The Nature Conservancy Project Location: Pea Island, NC HWY 12, Dare County Proposed Project: Construct 12 oyster reef wetland sills and one artificial reef wetland sill in three locations off Pea Island Please indicate below your agency's position or viewpoint on the proposed project and return this form to Gregg Bodnar at the address above by March 13, 2019. If you have any questions regarding the proposed project, contact Ron Renaldi (252-264-3901, ext. 237) when appropriate, in-depth comments with supporting data is requested. REPLY: This agency has no objection to the project as proposed. "Additional comments may be attached"' PRINT NAME AGENCY SIGNATURE DATE This agency has no comment on the proposed project. This agency approves of the project only if the recommended changes are incorporated. See attached. This agency objects to the project for reasons described in the attached comments. North Carolina Department of Environmental Quality I Division of Coastal Management Elizabeth City Office 1 401 South Griffin Street, Suite 300 1 Elizabeth City, North Carolina 27909 252.264.3901 Received NPS/USFWS/TNC Oyster Habitat Restoration and Enhancement FEB 0 $ IN Island National Wildlife Refuge Project Narrative 1� Location and Stakeholders DCM-EC Pea Island National Wildlife Refuge (PINWR) is located on the north end of Hatteras Island in Dare County, North Carolina. The Refuge is 13 miles north to south and covers 5,834 acres of land and 25,700 acres of Boundary waters according the US Fish and Wildlife Service (USFWS). The purpose of The Pea Island National Wildlife Refuge is to protect and conserve migratory birds and other wildlife resources through the protection of wetlands, in accordance with Executive Order 7864 of August 8, 1938. The riparian waters adjacent to the extensive coastal marshes of the Refuge are owned and managed by The National Park Service (NPS). Access to the Project will be through the Refuge and the project location will be within the adjacent shallow riparian waters. All associated work and monitoring is sponsored by and is the responsibility of The Nature Conservancy (TNC). Therefore, TNC is the primary applicant and USFW S and NPS are the co -applicants. This is a similar scenario to some other TNC projects within Federal Government Lands and Waters. The marshes of PINWR are accessible from NC12, the only north -south thoroughfare on the island. Background The Pamlico Sound in this area is a shallow, saline water body that is only negligibly affected by lunar tide, but is significantly affected by wind tides. The Project vicinity includes areas of marsh and adjoining shallow waters that are not completely exposed to the westerly winds that tend to erode developed shorelines in the tri -village area to the south that do not have expansive natural buffers. The coastal marshes in this area include broad marsh meadows, tidal creeks, marsh islands and coves, embayments and salt flats. Shellfish beds are an important habitat in the Pamlico Sound. In PINWR and elsewhere, oyster resources have been on the decline due to the absence of new shell material for oyster spat to adhere to and grow to form oyster beds. This is in part due to the removal of oysters that are harvested for consumption and the lack of re -introduction or replacement of the important shells that are removed. This is a soft bottom without naturally occurring rock, and oyster proliferation depends on shell material in this area. In other areas, major threats to oyster habitat include nutrient and toxic pollution, altered freshwater flows, exotic invasive species, and physical disturbances such as dredging. To protect North Carolina's coast by ensuring thriving ecosystems and economies, TNC has been working with university partners to evaluate oyster habitat for restoration potential. Oyster reefs provide a multitude of ecosystem and economic benefits when restored successfully. TNC has implemented their coastal resilience program http //maps.cq� G �rlce.org'northcsrr l n _ as a tool to rate and identify ideal locations for this and followed up with ground truthing. In 2016-2017, TNC identified several prospective oyster enhancement and restoration Sites in PINWR. The Site location rating system includes an evaluation of: • Depth • Salinity • Existing Oysters • Historic Oysters • Proximity to Wetlands • Sea Bottom Type • Proximity to Strategic Habitat • Shoreline Erosion • Water Quality • Public Accessibility NPS/USFWS/TNC Oyster Habitat Restoration and Enhancement Received Pea Island National Wildlife Refuge FEB A 2�f9 Project Narrative DCM-EC Prosect Area Conditions The primary project proposed includes placement of a blanket of loose oyster shells in designated areas that exhibit a high potential for oyster habitat enhancement and restoration where there would be no adverse impacts to other resources. The project areas consist of shallow waters adjacent to the natural marsh and dominantly in tidal creeks and embayments that are relatively protected. Each of the potential Sites were ground-truthed by TNC and a set of Preferred Sites was then developed. TNC has consulted with Quible to further evaluate habitat potential, to collect survey and water quality data and to assist with the CAMA Major Permitting Process. Please refer to Sheet 1 of 4 for an overview of the Project Sites. There are three separate Areas in PINWR that contain the proposed oyster restoration and enhancement Sites. From south to north, Area 7.4 (Sites 1-3) is located approximately 1 mile north of the northern approach of the new NCDOT "Jughandle Bridge" and 9.7 miles south of Oregon Inlet, Area 7.1 (Sites 4-8) is approximately 7.4 miles south of Oregon Inlet just south of the New Inlet bridge, and Area 8.1 (Sites 9-13) is approximately 3 miles south of Oregon Inlet and accessible from the USFWS North Pond Wildlife Trail. In general, shallow waters of the Pamlico Sound in this area provide submerged aquatic vegetation (SAV) habitat and thriving beds. Due to wind tide swings, SAV beds are found in waters greater than 1.2 ft in this area as confirmed by SAV surveys that we conducted at each of the Proposed Sites on three dates in 2018, including 6/19/2018, 8/3/2018 and 8/23/2019. On each of these occasions, environmental scientists from Quible reviewed each of the proposed Sites and adjacent waters for the presence of SAV. It was not necessary to use snorkel and mask due to the very shallow water conditions which allowed a clear view of the bottom. In general, rooted SAV was not found where the oyster shell would be placed at each of the Sites. The proposed cultch placements areas constitute an area that would be 10 ft wide (maximum) to 100 ft long (maximum) at each of the chosen Sites. While wading the shallow waters at areas of the Projects Site, dense SAV growth was encountered in water as shallow as 1.2 ft deep near the chosen Sites. The optimal SAV water depth in this area was observed to be waters that ranged from 2-3 ft deep, where SAV coverage was up to 100 percent. The type of SAV observed near the Sites was dominantly Ruppia maritima (Widgeon grass), with minor amounts of Zostera marina (Eelgrass). The bottom type at each of the Sites varied between a sandy bottom and an organic (mud) and sand bottom. The water depth at each of the cultch Sites was 0.25 ft — 0.80 ft deep relative to normal water level (NWL). Some areas in the Site vicinities that were not chosen as proposed cultch placement locations were in slightly deeper water (with rooted SAV) or in areas that had a peat bottom. There were areas of ripped up SAV found at some of the Sites, but the very shallow nature of the cultch locations does not allow SAV to thrive, since it is common for these areas to be completely void of surface water for a multitude of days from low wind tides that occur from onshore wind events which are common here. While conditions are not optimal for SAV immediately adjacent to the marsh edge where the shell will be placed, SAV does well in slightly deeper water. This type of condition, is however, excellent habitat for oysters which do not need to be submerged 100 percent of the time. During Quible's Site survey work and TNC evaluations, the salinity was found to range from 8.3 to 19 ppt. The adjacent marsh includes Spartina aiternifora (smooth cordgrass) at the waterward edge which grows as an emergent coastal wetland species and was found to grow at elevations of 2 Received NPS/USFWS/TNC Oyster Habitat Restoration and Enhancement FEB 0 $ Pea Island National Wildlife Refuge Project Narrative +0.25 ft to -0.25 ft. Landward of this is the dominant coastal wetland species Juncus roemerianus (black needle rush). Only one of the Sites (Site 12 in Area Vhad a low upland sand ridge near the water's edge. At that site, upland vegetation included Juniperus virginiana (eastern red cedar) and Spartina patens (salt hay). On 8/7/2018, a site investigation and findings meeting was held with TNC, NC Division of Coastal Management (NCDCM) and NC Division of Marine Fisheries (NCDMF) to review conditions and the proposed project. On 9/25/2018, an interagency scoping meeting was held at the NCDEQ WARO Offices to discuss the project. One item that was resolved after the scoping meeting was the proper permitting procedure. In the weeks following the meeting, it was confirmed by NCDCM and NPS that this project should be permitted through the CAMA Major/ 291 Joint State -Federal Process. This is consistent with other recent projects on Federal Lands that include TNC as the project sponsor. A secondary component of this proposed project is another similar oyster habitat enhancement method that includes the testing of Atlantic Reefmaker® octagonal ecosystem unit discs. This would be limited to Site 5 only, and would consist of a 100 linear ft (maximum) section of this breakwater and habitat enhancement system. The posts that hold this system in place will be hand driven with a slide hammer, since this will be the smaller (1.5 ft diameter) version of this system. Shell Placement and Monitoring Once the CAMA Major Permit is in place, it is the goal of TNC to begin placing oyster shell at some of the permitted locations in early Spring of 2019. Material will consist of spent oyster shells from area restaurants and other oyster shell recycling programs, similar to procedures that NCDMF have followed in the past. TNC currently has a stockpile of shell, but they are working to obtain more. Shell will be transported to the water's edge in 5 gallon buckets and will be floated to the specific Sites in a shallow draft boat that will likely be physically pushed to the placement location. From there, shell will be manually spread in the permitted areas, in a layer of approximately 0.25 ft thick. The width of the shell placement will be up to 10 ft from the edge of the marsh, but will most likely be contained within a 6 ft wide strip. And, while the requested permitted length at each of the 13 Sites is 100 ft, the length will most likely be shorter due to shell supply and individual participation available. For the entire 13 sites (including the Atlantic Reefmaker Section at Site 5), there will be 13,000 sq.ft. of shell and Reefmaker discs in the water, this eqates to 120 cu. yds. of material. TNC will involve interns and volunteers with this activity. Monitoring will occur semiannually and will evaluate natural recruitment and water quality. 3 DCM MP -1 APPLICATION for Major Development Permit (last revised 12/27106) North Carolina DIVISION OF COASTAL MANAGEMENT 1. Primary ApplicanbLandowner Information Business Name Project Name (if applicable) The Nature Conservancy Pea Island Oyster Cultch Receive Applicant 1: First Name MI Last Name Agent/ Contractor 1: First Name Aaron J McCall FEB 4 — 2019 Applicant 2: First Name MI Last Name Agent/ Contractor 2: First Name National Park Service and U.S. Fish and Last Name D M -EC Wildlife Service PO Box City State If additional applicants, please attach an additional pages) with names listed. Mailing Address PO Box NC State 701 Ocean Acres Dr. Phone No. 1 [KiZlDevilHills NC ZIP Country Phone No. 252 - 261 - 3300 ext. FAX No. - - ext. 27948 Contractor If - - ext. - - Street Address (if different from above) City State ZIP Email Powells Point ajmccall@tnc.org NC 27966 - 2. Agent/Contractor Information Business Name Quible & Associates P.C. Agent/ Contractor 1: First Name MI Last Name Brian D Rubino Agent/ Contractor 2: First Name MI Last Name Mailing Address PO Box City State 870 Kitty Hawk NC ZIP Phone No. 1 Phone No. 2 27949 252 - 261 - 3300 ext. - - ext. FAX No. Contractor If Street Address (if different from above) City State ZIP 8466 Caratoke Highway Suite 400 Powells Point NC 27966 - Email brubino@quible.com <Form continues on back> 252-808-2808 .. 11-888.4RCOAST .. www.ncconstalmanagement.net 'Form DCM MP -1 (Page 3 of 5) APPLICATION for Major Development Permit 3. Project Location County (can be multiple) Street Address State Rd. # Dare NC Hwy 12 d. Approximate elevation of tract above NHW (normal high water) or Subdivision Name City State Zip n/a Upland portions of the tract are dominated by Wax Myrtles, Red Cedars, Groundsel bush, Salt hay and American beach NC f. Man-made features and uses now on tract Phone No. Lot No.(s) (if many, attach additional page with list) - - ext. , a. In which NC river basin is the project located? b. Name of body of water nearest to proposed project Pasquotank Pamlico Sound c. Is the water body identified in (b) above, natural or manmade? d. Name the closest major water body to the proposed project site. ®Natural []Manmade ❑Unknown Pamlico Sound e. Is proposed work within city limits or planning jurisdiction? I. If applicable, list the planning jurisdiction or city limit the proposed []Yes ®No work falls within. Dare County 4. Site Description a. Total length of shoreline on the tract (ft.) b. Size of entire tract (sq.ft.) +/- 21 miles 5,834 Acres c. Size of individual lot(s) d. Approximate elevation of tract above NHW (normal high water) or n/a, I I NWL (normal water level) (If many lot sizes, please attach additional page with a list) 1 ft ®NHW or ❑NW L e. Vegetation on tract Upland portions of the tract are dominated by Wax Myrtles, Red Cedars, Groundsel bush, Salt hay and American beach grass. Wetlands consists of Black Neddle Rush, Smooth Cordgrass, and Phragmites spp. f. Man-made features and uses now on tract USFWS Pea Island Natioal Wildlife Refuge -related features including: parking, waterfowl management impoundments, trails, viewing areas. g. Identify and describe the existing land uses adiacent to the proposed project site. Residential home sites (to the south), NC 12 and undeveloped lands (estuarine and ocean environments) h. How does local government zone the tract? I. Is the proposed project consistent with the applicable zoning? No zoning (Attach zoning compliance certificate, if applicable) []Yes ❑No ®NA j. Is the proposed activity part of an urban waterfront redevelopment proposal? []Yes ®No k. Hasa professional archaeological assessment been done for the tract? If yes, attach a copy. []Yes ®No [INA fl If yes, by whom? I. Is the proposed project located in a National Registered Historic District or does it involve a []Yes ®No ❑NA National Register listed or eligible property? <Form continues on next page> Received FEB 4 - 2019 252.808.2808 :: 1-888.4RCOAST :: viww.ncccastafmanagement.t' CM -EC Form DCM MP -1 (Page 4 of 5) APPLICATION for Major Development Permit m. (i) Are there wetlands on the site? ®Yes ❑No (ii) Are there coastal wetlands on the site? ®Yes ❑No (iii) If yes to either (i) or (ii) above, has a delineation been conducted? ❑Yes ®No (Attach documentation, if available) n. Describe existing wastewater treatment facilities. N/A o. Describe existing drinking water supply source. N/A p. Describe existing storm water management or treatment systems. None 5. Activities and Impacts a. Will the project be for commercial, public, or private use? []Commercial ®Public/Government ®Private/Community b. Give a brief description of purpose, use, and daily operations of the project when complete. The subject property is the Pea Island National Wildlife Refuge managed by the US Fish & Wildlife Service and National Parks Service. All land is under conservation. c. Describe the proposed construction methodology, types of construction equipment to be used during construction, the number of each type of equipment and where it is to be stored. TNC emplyees and volunteers will use a skiff along with buckets, shovels and other containers to transport shell to the proposed sites. Shell will be distributed by hand. The Atlantic Reefmaker posts (Site #5) will be driven with a slide hammer and discs will be similarly transported via skiff. d. List all development activities you propose. Creation of 13 oyster shell/cultch Sites to enhance and restore oyster habitat. Additionally, at Site #5, TNC proposes to install up to too It of the small diameter (1.5 k) Atlantic Reefmaker habitat enhancement system along the waterward edge of this Site only. e. Are the proposed activities maintenance of an existing project, new work, or both? New I. What is the approximate total disturbed land area resulting from the proposed project? N/A ❑Sq.Ft or []Acres g. Will the proposed project encroach on any public easement, public accessway or other area []Yes ®No ❑NA that the public has established use of? K Describe location and type of existing and proposed discharges to waters of the state. None I. Will wastewater or stormwater be discharged into a wetland? []Yes ❑No ®NA If yes, will this discharged water be of the same salinity as the receiving water? []Yes ❑No ®NA I. Is there any mitigation proposed? ❑Yes ❑No ®NA If yes, attach a mitigation proposal. l►' <Form continues on back> F%B 4 - 7.019 252-808-2808 :: 1-888 .4RCOAST :: www.nccoastalmanngement.net Form DOM MP -1 (Page 5 of 5) APPLICATION for Major Development Permit 6. Additional lnformation In addition to this completed application form, (MP -1) the following items below, if applicable, must be submitted In order for the application package to be complete. Items (a) — (f) are always applicable to any major development application. Please consult the application Instruction booklet on how to properly prepare the required Items below. a. A project narrative. b. An accurate, dated work plat (including plan view and cross-sectional drawings) drawn to scale. Please give the present status of the proposed project. Is any portion already complete? If previously authorized work, clearly indicate on maps, plats, drawings to distinguish between work completed and proposed. c. A site or location map that is sufficiently detailed to guide agency personnel unfamiliar with the area to the site. d. A copy of the deed (with state application only) or other instrument under which the applicant claims title to the affected properties. e. The appropriate application fee. Check or money order made payable to DENR. f. A list of the names and complete addresses of the adjacent waterfront (riparian) landowners and signed return receipts as proof that such owners have received a copy of the application and plats by certified mail. Such landowners must be advised that they have 30 days in which to submit comments on the proposed project to the Division of Coastal Management. Name James P Meyer Phone No. Address 162 Glasgow Trail Black Mountain, NC 28711 Name NC DOT C/O Randy Midgett Phone No. Address 1929 North Road St, Elizabeth Clly, NO 27909 Name Phone No. Address g. A list of previous state or federal permits issued for work on the project tract. Include permit numbers, permittee, and issuing dates. h. Signed consultant or agent authorization form, if applicable. 1. Wetland delineation, if necessary. j. A signed AEC hazard notice for projects in oceanfront and inlet areas. (Must be signed by property owner) k. A statement of compliance with the N.C. Environmental Policy Act (N.C.G.S. 113A 1-10), if necessary. If the project involves expenditure of public funds or use of public lands, attach a statement documenting compliance with the North Carolina Environmental Policy Act. 7. Certification and Permission to Enter on Land I understand that any permit issued in response to this application will allow only the development described in the application. The project will be subject to the conditions and restrictions contained in the permit. I certify that I am authorized to grant, and do in fact grant permission to representatives of stale and federal review agencies to enter on the aforementioned lands in connection with evaluating information related to this permit application and follow-up monitoring of the project. I further certify that the information provided in this application is truthful to the best of my knowledge. Date * Zo l q Print Name gni nw�np Qc,.6k ASS Signature Please indicate application attachments pertaining to your proposed project. Received ®DOM MP -2 Excavation and Fill Information ❑DOM MP -5 Bridges and Culverts ❑DOM MP -3 Upland Development FEB 4 - 2019 ❑DOM MP -4 Structures Information DCM-EC 252-808-2808 :: 1.888.4RCOAST :: vivivi.nccoastalmanagement.net Form DCM MP -2 EXCAVATION and FILL (Except for bridges and culverts) Received FEB 0 S 2919 DCM-EC Attach this form to Joint Application for CAMA Major Permit, Form DOM MP -1. Be sure to complete all other sections of the Joint Application that relate to this proposed project. Please include all supplemental information. Describe below the purpose of proposed excavation and/or fill activities. All values should be given in feet. 1. EXCAVATION a. Amount of material to be excavated from below NHW or NWL in cubic yards. G. (1) Does the area to be excavated include coastal wetlands/marsh (CW)t submerged aquatic vegetation (SAV), shell bottom (SB), or other wetlands (WL)? If any boxes are checked, provide the number of square feet affected. ❑CW ❑SAV OSB _ OWL ❑None (ii) Describe the purpose of the excavation in these areas: ®This section not applicable of material to be excavated. d. High -ground excavation in cubic yards. 2. DISPOSAL OF EXCAVATED MATERIAL ®This section not applicable a. Location of disposal area. b. Dimensions of disposal area. c. (i) Do you claim title to disposal area? ❑Yes ❑No [INA (ii) If no, attach a letter granting permission from the owner. e. (I) Does the disposal area include any coastal wetlands/marsh (CW), submerged aquatic vegetation (SAV), shell bottom (SB), or other wetlands (WL)? If any boxes are. checked, provide the number of square feet affected. ❑CW ❑SAV OSB _ OWL ❑None (ii) Describe the purpose of disposal in these areas: d. (I) Will a disposal area be available for future maintenance? ❑Yes ❑No ❑NA (ii) If yes, where? I. (i) Does the disposal include any area In the water? ❑Yes ❑No [INA (ii) If yes, how much water area is affected? 252.808-2808 :: 1.88"RCOASY :: www.nccoastaimanagement.net revised: 12126i06 Access Other Channel (NI or Canal Boat Basin Boat Ramp Rock Groin Rock Breakwater (excluding shoreline NW L _ stabilization Length 100 If 13 tes @ 1010 If 12 Sites 0 Width 1.5 it 10 ft, 1 site 8.5 ft Avg. Existing NA NA 0.8 it Depth Final Project NA NA 0.5 it Depth 1. EXCAVATION a. Amount of material to be excavated from below NHW or NWL in cubic yards. G. (1) Does the area to be excavated include coastal wetlands/marsh (CW)t submerged aquatic vegetation (SAV), shell bottom (SB), or other wetlands (WL)? If any boxes are checked, provide the number of square feet affected. ❑CW ❑SAV OSB _ OWL ❑None (ii) Describe the purpose of the excavation in these areas: ®This section not applicable of material to be excavated. d. High -ground excavation in cubic yards. 2. DISPOSAL OF EXCAVATED MATERIAL ®This section not applicable a. Location of disposal area. b. Dimensions of disposal area. c. (i) Do you claim title to disposal area? ❑Yes ❑No [INA (ii) If no, attach a letter granting permission from the owner. e. (I) Does the disposal area include any coastal wetlands/marsh (CW), submerged aquatic vegetation (SAV), shell bottom (SB), or other wetlands (WL)? If any boxes are. checked, provide the number of square feet affected. ❑CW ❑SAV OSB _ OWL ❑None (ii) Describe the purpose of disposal in these areas: d. (I) Will a disposal area be available for future maintenance? ❑Yes ❑No ❑NA (ii) If yes, where? I. (i) Does the disposal include any area In the water? ❑Yes ❑No [INA (ii) If yes, how much water area is affected? 252.808-2808 :: 1.88"RCOASY :: www.nccoastaimanagement.net revised: 12126i06 Form DCIV) MP -2 (Excavation and Fill, Page 2 of 2) 3. SHORELINE STABILIZATION ❑This section not applicable (if development is a wood groin, use MP -4 - Structures) a. I ype of snorelme stabilization: []Bulkhead ❑Riprap OBreakwater/Sill []Other: c. Average distance waterward of NHW or NWL: 1 o ft e. Type of stabilization material: Atlantic Reefmaker®1.5 it dia. octagonal ecosystem unit discs g.. Number of square feet of fill to be placed below water level. Bulkhead backfill _ Riprap _ Breakwater/Sill 150 SF Other_ I. Source of fill material. Atlantic Reefmaker U. Lengm: rov It Width: 1.5 ft d. Maximum distance waterward of NHW or NWL: 10 ft f. (1) Has there been shoreline erosion during preceding 12 months? ❑Yes ®No []NA (II) If yes, state amount of erosion and source of erosion amount information. h. Type of fill material. preformed concrete discs 4. OTHER FILL ACTIVITIES []This section not applicable (Excluding Shoreline Stabilization) a. (i) Will fill material be brought to the site? ®Yes []No []NA b. (i) Will fill material be placed in coastal wetlands/marsh (CW), If yes, (ii) Amount of material to be placed in the water Area' 12,850 SF Volume: 119 cu yrds (Iii) Dimensions of fill area 12 Sites @ 100' x 10'x 0.26, 1 Site 0100'x 8.5' x 0.25' (iv) Purpose of fill To create oyster habitat 5. GENERAL a. How will excavated or fill material be kept on site and erosion controlled? no fill on land c. (i) Will navigga_tional aids be required as a result of the project? ❑Yes ®No [INA (ii) If yes, explain what type and how they will be implemented. suomergea aquaec vegewaon t6Nv1, snar oonom too/, or other wetlands (WL)? If any boxes are checked, provide the number of square feet affected. ❑CW ❑SAV ❑SB OWL ®None (il) Describe the purpose of the fill in these areas: N/A b. What type of construction equipment will be used (e.g., dragline, backhoe, or hydraulic dredge)? Hand tools, skiff d. (i) Will wetlands be crossed In transporting equipment to project site? ®Yes ❑No ❑NA (ii) If yes, explain steps that will be taken to avoid or minimize environmental impacts. There are existing foot paths that will be followed -Z ikll o,i-1 :::aj AtNi-OAAiran MtC411 Date �WR ''efApplicant Name �(Otk-, ,Sri� _F0C�^fit �w:ksl{ Applicant Signature Project Name A &E� 252.808-2808:: 1.888-4RCOAST :: www.necoastalmanagement.not revised: 92126/06 Form DCM MP -4 STRUCTURES (Construction within Public Trust Areas) Received F 4 - NO(' DMEC Attach this form to Joint Application for CAMA Major Permit, Form DCM MP -1. Be sure to complete all other sections of the Joint Application that relate to this proposed project. Please include all supplemental information. 1. DOCKING FACILITY/MARINA CHARACTERISTICS a. (i) Is the docking facility/marina: ❑Commercial ❑Public/Government ❑Private/Community ®This section not applicable b. (i) Will the facility be open to the general public? ❑Yes []No c. (i) Dock(s) and/or pier(s) d. (i) Are Finger Piers included? []Yes ❑No (ii) Number If yes: (iii) Length (it) Number IN) Width (iii) Length (v) Floating ❑Yes ❑No (iv) Width (v) Floating []Yes ❑No e. (i) Are Platforms included? ❑Yes ❑No I. (i) Are Boatlifts included? []Yes ❑No If yes: If yes: (ii) Number (ii) Number (iii) Length (iii) Length (iv) Width (iv) Width (v) Floating ❑Yes ❑No ' Note: Roofed areas are calculated from dripline dimensions. g. (i) Number of slips proposed h. Check all the types of services to be provided. ❑ Full service, including travel lift and/or rail, repair or _ (ii) Number of slips existing maintenance service ❑ Dockage, fuel, and marine supplies ❑ Dockage ('wet slips") only, number of slips: ❑ Dry storage; number of boats: ❑ Boat ramp(s); number of boat ramps: ❑ Other, please describe: ' i. Check the proposed type of siting: ❑ Land cut and access channel ❑Open water; dredging for basin and/or channel []Open water; no dredging required [-]Other; please describe: k. Typical boat length: m. (i) Will the facility have tie pilings? ❑Yes ❑No (ii) If yes number of tie pilings? j, Describe the typical boats to be served (e.g., open runabout, charter boats, sail boats, mixed types). I. (i) Will the facility be open to the general public? ❑Yes []No 252.808.2808:: 1-8884RCOAST:; www.nccoasta_I_manayement.net revised: 12!27;06 F&M DCM MP -4 (Structures, Page 2 of 4) 2. DOCKING FACILITY/MARINA OPERATIONS ®This section not applicable a. Check each of the following sanitary facilities that will be included in the proposed project. ❑ Office Toilets ❑ Toilets for patrons; Number: _; Location: Receiva El Showers c, ❑ Boatholding tank pumpout; Give type and location: FF9 4 — 2019 b. Describe treatment type and disposal location for all sanitary wastewater. D A E C c. Describe the disposal of solid waste, fish offal and trash. d. How will overboard discharge of sewage from boats be controlled? e. (i) Give the location and number of "No Sewage Discharge" signs proposed. (ii) Give the location and number of "Pumpout Available" signs proposed. f. Describe the special design, if applicable, for containing industrial type pollutants, such as paint, sandblasting waste and petroleum products. g. Where will residue from vessel maintenance be disposed of? h. Give the number of channel markers and "No Wake" signs proposed. I. Give the location of fuel -handling facilities, and describe the safety measures planned to protect area water quality. j. What will be the marina policy on overnight and live -aboard dockage? k. Describe design measures that promote boat basin flushing? I. If this project is an expansion of an existing marina, what types of services are currently provided? m. Is the marina/docking facility proposed within a primary or secondary nursery area? ❑Yes ❑No 252 -BOB -2808 :: 1.688-4RCOAST :: yywvi.nccoi,5talm_ana0ement.ne_t revised: 12'2706 Fbrm DCM MP -4 (Structures, Page 3 of 4) n. Is the marina/docking facility proposed within or adjacent to any shellfish harvesting area? ❑Yes ONO o. Is the marina/docking facility proposed within or adjacent to coastal wetlands/marsh (CW), submerged aquatic vegetation (SAV), shell bottom (SB), or other wetlands (W L)? If any boxes are checked, provide the number of square feet affected. ❑CW — ❑SAV — ❑8B — Received OWL ❑None FEB 4 - 2019 p. Is the proposed marina/docking facility located within or within close proximity to any shellfish leases? ❑Yes ONO If yes, give the name and address of the leaseholder(s), and give the proximity to the lease. DCM-EC 3. BOATHOUSE (including covered lifts) ®This section not applicable a. (i) Is the boathouse structure(s): ❑Commercial ❑Public/Government ❑Private/Community (ii) Number (iii) Length IN) Width Note: Rooted areas are calculated from dripline dimensions. 14. GROIN (e.g., wood, sheetpile, etc. It a rock groin, use MP -2, Excavation and Fill.) ®This section not applicable a. (i) Number (ii) Length (iii) Width 15. BREAKWATER (e.g., wood, sheetpile, etc.) ❑This section not applicable a. Length (1) 100 LF (1.5 It diameter Atlantic Reefineker b. Average distance from NHW, NWL, or wetlands System) 10 ft c. Maximum distance beyond NHW, NWL or wetlands 10 ft 6. MOORING PILINGS and BUOYS ®This section not applicable a. Is the structure(s): ❑Commercial ❑Public/Government ❑Private/Community, c. Distance to be placed beyond shoreline _ Note: This should be measured from marsh edge, if present. e. Arc ofthe swing 7. GENERAL b. Number d. Description of buoy (color, inscription, size, anchor, etc.) 252.808-2808 :: 1.888.4RCOAST :: v: •: rf;.ncc_o>st ilmanngement.net revised: 12 2706 Form DCM MP -4 (structures, Page 4 of 4) a. Proximity of structure(s) to adjacent riparian property lines 4.4 miles to Mirlo Beach Subdivision in Rodanthe Note: For buoy or mooring piling, use arc of swing including length olvessel. c. Width of water body Approx. 12 miles e. (i) Will navigational aids be required as a result of the project? []Yes ®No [INA (ii) If yes, explain what type and how they will be implemented. b. Proximity of structure(s) to adjacent docking facilities. No adjacent docking facilities. d. Water depth at waterward end of structure at NLW or NWL 0.8 It 18. OTHER ®This section not applicable a. Give complete description: 1 20lei Dale -rd(- / P I VW 9 OyS'F-er N..Jo*"t ErHcv��emW1 Project Name -I-Ka N/ciw't Con ttrv-c..i'I On- NQr7n /Ac.(-,( I Applicant Signature A�, a - Received FEB 4 - 2019 DCM-EC 252.808.2808 :: 1.888-4RCOAST :: wwvi,n c_coastolmanagementne_t revised: 1227:06 DIVISION OF COASTAL MANAGEMENT FIELD INVESTIGATION REPORT 1. APPLICANT'S NAME: The Nature Conservancy 2. LOCATION OF PROJECT SITE: Pea Island off Hwy 12, Pamlico Sound, Dare County Photo Index — 2006: 175-7912 (K -4,5&8;L -4;J -5;H -5;G-4); 175-7908 (T-10;R&S-12;P- 12); 175-7906 (J-7,8&10) Latitude: X: 35044'9.05"N; 35°40'14.66"N 35038'26.71"N Longitude: 75030'43.33"W; 75028'57.68"W; 75028'55.87"W 3. INVESTIGATION TYPE: CAMA & Dredge and Fill 4. INVESTIGATIVE PROCEDURE: Dates of Site Visit — 8/7/2018 Was Applicant Present - yes 5. PROCESSING PROCEDURE: Application Received Complete — February 8, 2019 Office — Elizabeth City 6. SITE DESCRIPTION: (A) Local Land Use Plan — None Land Classification From LUP - None (B) AEC(s) Involved: Estuarine Waters, Public Trust Area, and Coastal Wetlands (C) Water Dependent: yes (D) Intended Use: Public/Private (E) Wastewater Treatment: Existing - None Planned - None (F) Type of Structures: Existing - None Planned - Reefmaker and oyster shell wetland sills (G) Estimated Annual Rate of Erosion: N/A Source — N/A 7. HABITAT DESCRIPTION: [AREA] DREDGED FII I FD r)THFR (A) Vegetated Wetlands (B) Non -Vegetated Wetlands (C) Shallow Bottom Oyster- 12,850 sqft Reefmaker- 150 sqft (D) Total Area Disturbed: 13,000 sqft (E) Primary Nursery Area: No (F) Water Classification: SC and HQW Open: yes Field Investigation Report Page 2 PROJECT SUMMARY: The applicant proposes to construct 12 oyster reef wetland sills and one wetland sill out of reef maker artificial reef materials in three location off Pea Island in the Pamlico Sound. Project Setting The project proposed for development is located on Pea Island National Wildlife Refuge off Highway 12 in Dare County adjacent to the Pamlico Sound and contains 5,384 Acres. There are three proposed sites, one is 3 mile south of Oregon Inlet, on is 7.4 miles south of Oregon Inlet and the other is located 9.7 miles south of Oregon Inlet. The adjacent property to the North is NCDOT right of way and the property to the south is a residential lot that is privately owned. Vegetation on the site includes, but is not limited to, Smooth Cordgrass (Spartina alternaflora), Black Needle Rush (Juncus roemerianus), Salt Meadow Cordgrass (Spartina patens), Eastern Red Cedar (Juniperus virginiana), and Glass Warts (Salicornia spp). Soil Types include, but are not limited to, Carteret Sand (CeA), Corolla Fine Sand (CoB), and Duckston Fine Sand (DtA). Also, the water classification for this site is Tidal Salt Water (SC) and High Quality Waters (HQW). The submerged aquatic vegetation on the site includes, but is not limited to, Widgeon Grass (Ruppia maritima) and Eel Grass (Zostera marina). The bottom composition at these sites consist of sand and mud orjust sand. The property has an elevation of 3 feet above Normal Water Level (NWL). Development Proposal The applicant proposes to construct 13 wetland sills that are 10 foot wide by 100 foot long. One of the 13 sills will be constructed with 1.5 foot of the outer layer consisting or reef maker artificial reef system with the other 8.5 feet of lose oyster shell. The other 12 sites will consist of only the lose oyster shell. The water depth at each location will be approximately 0.8 feet. Anticipated Impacts The proposed development of 13 wetland sills will result in the filling of 13,000 square feet of shallow bottom in the Estuarine Waters and Public Trust Areas of Environmental Concern. Temporary turbidity may occur during oyster shell placement. Submitted by: Cynthia Rountree Date: February 12, 2019 MAJOR PERMIT FEE MATRIX Applicant: I { 0 N a " I -t CUhSevuan Selection Development Type Fee DCM % DWQ % (14300 1601 4351000931625 6253) (24300 1602 435100095 2341) I. Private, non-commercial development that does not $250 100%($250) 0%($0) involve the filling or excavation of any wetlands oro en water areas: II. Public or commercial development that does not $400;100%o ($400) 0%($0) involve the filling or excavation of any wetlands oro en water areas: Major Modification to a $250 ($250) 0%($0) CAMA Major permit III. For development that involves the filling and/or excavation of up to t acre of wetlands and/or open water areas, determine if A, B, C, or D below applies: III(A). Private, non - El commercial development, if $250 100%($250) 0%($0) General Water Quality Certification No. 4097 (See attached can be applied: III(B). Public or commercial development, if General $400 100%($400) 0%($0) Water Quality Certification No. 4097 (See attached) can be applied: III(C). If General Water ❑ Quality Certification No. $400 60%($240) 40%($160) 4097 (see attached) could be applied, but DCM staff determined that additional review and written DWQ concurrence is needed because of concerns related to water quality or aquatic life: III(D). If General Water ❑ Quality Certification No. 60%($240) 40%($160) 4097 (see attached) cannot be a lied: H$475 IV. For development that involves the filling and/or 60%($285) 40%($190) excavation of more than one acre of wetlands and/or open water areas: /y Vr44, CSI �1 F �lx 1r ,Y r /y Vr44, r .............. 00 0 0 ux 0 d v vo. yx µ d I Cnl......c I 3. C 0 .Im to. y. 1< 0 3 p _ or0 C C Z N d I ft m .Z m m 3 N m. _ m 0- �.�a .. ,, 0 6 g 3 .0 ;. oa 3 . CL . O. m 0 I I 13 (D E. d E. WE E-- C- NIJ+ 1] 7 A T Q CD U3 07 N N 0 5 to cuN i 1 J z O 0 O y m CD A m N m Z -1 r mm = =A m z zcn M = Z N r m m r r r Z m A 0 0 A 0 0 m A T_ 03 m r chD ch m W D ;A YI r 0 D X r 20 c Drn o 0 o � mD G rn �m <m rn m0 �p D r-< muv' r � D rn O V+ 18057-CAM4.dwq 1/31/2019 1:36 �o :Z j O.B P18057 QUIBLE & ASSOCIATES, P.C. THIS DOCUMENT IS THE PROPERTY OF SINCE 1959 Q QUIBLE & ASSOCIATES, P.C. ANY Dr7�n=Tto ALTERATION OF THIS DOCUMENT IS PIT IVR x �� m� DRAWN BY Co O2mN0 G A O A iOmHm IF THIS DOCUMENT IS NOT SIGNED AND SEALED BY A LICENSED PROFESSIONAL THEN THIS DOCUMENT SHALL BE KINNAKEET TOWNSHIP DARE COUNTY w CHECKED BY m 1O CONSIDERED PRELIMINARY, NOTA NORTH CAROLINA "ENC./SVR. NOT OFFERED AT BUCK MTN. OFFICE - WN CERTIFIED DOCUMENT AND SHALL NOT BE USED FOR CONSTRUCTION, 0 200 400 8466 Coratoke Hwy, Powells Point, NC 27966 Phone: (252) 491-8147 Fax: (252) 491-8f46 w FIT RECORDATION, SALES OR LAND z= 01/31/19 l �E Phone: (828) 793-0398 Fax: (252) 491-8146 m NOTED. GRAPHIC SCALE 11N FEET 1"=200' adminlslratorOqulble.cam mL° ,.m '. 3:G a = s .. n � rr�tmu �e4it... 4 SSS 7 h fC 4, k E� PROJECT COPYRIGHT © 2019 SHUT 2 OF 4 - ffM &I NO License#: C-0208 P18057 QUIBLE & ASSOCIATES, P.C. THIS DOCUMENT IS THE PROPERTY OF SINCE 1959 Q QUIBLE & ASSOCIATES, P.C. ANY Dr7�n=Tto ALTERATION OF THIS DOCUMENT IS PIT IVR uible DRAWN BY JTMI THS NATURE CONSERVANCY p� P.C.ROHIBITED. D Associates, 1 IF THIS DOCUMENT IS NOT SIGNED AND SEALED BY A LICENSED PROFESSIONAL THEN THIS DOCUMENT SHALL BE KINNAKEET TOWNSHIP DARE COUNTY ENGINEERING" ' CONSULTING * PLANNING ENVIRONMENTAL SCIENCES 4 SURVEYING" CHECKED BY BDR CONSIDERED PRELIMINARY, NOTA NORTH CAROLINA "ENC./SVR. NOT OFFERED AT BUCK MTN. OFFICE - CERTIFIED DOCUMENT AND SHALL NOT BE USED FOR CONSTRUCTION, 0 200 400 8466 Coratoke Hwy, Powells Point, NC 27966 Phone: (252) 491-8147 Fax: (252) 491-8f46 DATE RECORDATION, SALES OR LAND 90 Church 5t., Ste. B, Black Mountain, NC 2871 01/31/19 CONVEYANCES, UNLESS OTHERWISE Phone: (828) 793-0398 Fax: (252) 491-8146 NOTED. GRAPHIC SCALE 11N FEET 1"=200' adminlslratorOqulble.cam 1/2019 1:36 PM PROJECT COPYRIGHT © 2019 QUIBLE & ASSOCIATES, P.C. P180557 THIS DOCUMENT IS THE PROPERTY OF OUIBLE & ASSOCIATES, P.C. ANY DRAWN BY ALTERATION OF THIS DOCUMENT 15 PROHIBITED. JTM/OTH IF THIS DOCUMENT IS NOT SIGNED AND SEALED BY A LICENSED PROFESSIONAL CHECKED BY THEN THIS DOCUMENT SHALL BE CONSIDERED PRELIMINARY, NOT A BDR CERTIFIED DOCUMENT AND SHALL NOT BE USED FOR CONSTRUCTION, DATE RECORDATION, SALES OR LAND CONVEYANCES, UNLESS OTHERWISE 01/31/19 NOTED. INE zt 0 AI J SHUT 3 OF 4 - SrM 71 PINWR THS NATURE CONSERVANCY KINNAKEET TOWNSHIP DARE COUNTY NORTH CAROLINA 0 200 400 r PAPI4Ir CrAI G IM ccFT I "—,2nn' O O r. Tl I CO { I 1- ICA I I 00 i NO License/: C-0208 Quible SINCE 1959 & Associates, P.C. ENGINEERING** * CONSULTING * PLANNING ENVIRONMENTAL SCIENCES * SURVEYING** --ENC./SUR. NOT OFFERED AT BLACK MTN. OFFICE -- 8466 Carafoke Hwy, Powells Point, NC 27966 Phone: (252) 491-8147 Fax: (252) 491-8146 TO Church St., Ste. B, Black Mountain, INC 2871 Phone: (828) 793-0398 Fax: (252) 491-8146 administrotorOquible.com J N D r9 �N co LIT" PROJECT PROJECT COPYRIGHT © 2019 OUIBLE & ASSOCIATES, P.C. P18057 THIS DOCUMENT IS THE PROPERTY OF OUIBLE & ASSOCIATES, P.C. ANY & Associates, P.C. DRAWN BY ALTERATION OF THIS DOCUMENT IS KINNAKEET TOWNSHIP DARE COUNTY PROHIBITED. JTMI IF THIS DOCUMENT IS NOT SIGNED AND SEALED BY A LICENSED PROFESSIONAL 0 200 400 CHECKED BY THEN THIS DOCUMENT SHALL BE Phone: (828) 793-0398 Fax: (252) 491-8146 administrator®qulble.com CONSIDERED PRELIMINARY, NOT A BOR CERTIFIED DOCUMENT AND SHALL NOT BE USED FOR CONSTRUCTION, DATE RECORDATION, SALES OR LAND CONVEYANCES, UNLESS OTHERWISE 1 01/31/19 NOTED. SHEET 4 OF 4 - SM 7A uible SINCE 1959 PINWR THS NATURE CONSERVANCY & Associates, P.C. 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